Couples getting married in New Orleans, Baton Rouge, or Shreveport often hear the word “prenup” and assume Louisiana works like every other state. It does not.
Not legal advice. This article is general information only. Prenup laws differ by state and change over time. Consult a licensed attorney in your state before acting on anything here.
Louisiana is the only civil-law state in the country, which means its rules come from the Louisiana Civil Code rather than from common-law tradition.
What people elsewhere call a prenuptial agreement is, in Louisiana, a matrimonial agreement (sometimes called a marriage contract).
The label matters because the form, timing, and effect of these agreements follow rules you will not find anywhere else.
This guide explains how a Louisiana matrimonial agreement works, what it can and cannot do, how it must be signed, and what happens to your property if you skip one. If you want to get started, you can prepare your documents online.
Are Prenuptial Agreements Enforceable in Louisiana?
Yes. Louisiana law recognizes and enforces what it calls a matrimonial agreement, governed by Louisiana Civil Code articles 2325 through 2329.
Under article 2325, a matrimonial agreement is a contract that establishes a regime of separation of property or that modifies or terminates the legal regime of community property.
In plain terms, it is the document spouses use to change the default property rules that the state would otherwise apply to their marriage.
Article 2328 gives spouses real freedom here: they may establish by matrimonial agreement a regime of separation of property or otherwise modify the legal regime as provided by law.
Article 2329 confirms that spouses may enter into a matrimonial agreement before or during marriage as to all matters that are not prohibited by public policy.
So the agreement is enforceable, but only if it is built correctly and stays inside the limits the Code sets.
Louisiana did not adopt the Uniform Premarital Agreement Act that many other states use. It follows its own Civil Code instead, so out-of-state forms and assumptions about prenups frequently do not match Louisiana requirements.
The Authentic Act Form Requirement
This is where Louisiana is strictest. Article 2331 requires that a matrimonial agreement be made either by authentic act or by an act under private signature duly acknowledged by the spouses.
An authentic act is a writing executed before a notary public, in the presence of two witnesses, and signed by each party, each witness, and the notary. A simple signed contract between two people is not enough.
If the formality is missing, the agreement can fail no matter how fair its terms are.
What a Louisiana Matrimonial Agreement Can Cover
A matrimonial agreement gives couples control over how property and debt are classified during the marriage. Here is what it commonly addresses.
| Area | What the Agreement Can Do |
|---|---|
| Opting out of community | Replace the legal regime of community property with a regime of separation of property, so each spouse keeps what they earn and acquire |
| Classifying separate property | Confirm that specific assets owned before marriage, or received by gift or inheritance, stay separate |
| Debt | Assign responsibility for debts each spouse brings in or takes on, and keep one spouse’s debts from reaching the other’s property |
| Business interests | Keep a company, professional practice, or ownership stake out of the community so it is not split in a divorce |
| Spousal support | Address spousal support to the extent Louisiana law allows, within the limits of public policy |
The Limits of a Louisiana Prenup
The Civil Code draws firm lines. A matrimonial agreement cannot reach the following.
- Child support or custody. These belong to the court and turn on the best interests of the child at the time of the dispute. Parents cannot bargain them away in advance.
- Post-marriage changes without court approval. Once you are married, you cannot freely rewrite your regime. Article 2329 requires a court to approve most changes made during marriage.
- Renouncing succession rights or the marital portion. Article 2330 limits contractual freedom, and spouses may not by agreement renounce or alter the marital portion or the established order of succession.
- Terms against public policy. Article 2329 only allows agreements on matters not prohibited by public policy, so terms that violate it are unenforceable.
How to Properly Sign a Louisiana Prenup
Form is not a technicality in Louisiana. It decides whether you have a valid agreement or a void one.
The table below summarizes what the Code requires.
| Requirement | Detail |
|---|---|
| In writing | The agreement must be a written document, not an oral understanding |
| Authentic act | Signed before a notary public in the presence of two witnesses, with the notary and witnesses also signing |
| Or acknowledged act | Alternatively, an act under private signature duly acknowledged by the spouses, as article 2331 allows |
| Notary | A Louisiana notary public must execute or take the acknowledgment of the act |
| Two witnesses | Required for an authentic act |
| Timing before marriage | A matrimonial agreement signed before the wedding is freely allowed without court involvement |
Changing the Agreement After Marriage Needs Court Approval
This rule surprises many couples. Before the wedding, you can sign a matrimonial agreement freely.
After the wedding, the door narrows.
Under article 2329, spouses may modify or terminate a matrimonial regime during marriage only on joint petition and after a finding by the court that the change serves their best interests and that they understand the governing principles and rules.
There are two narrow exceptions. Spouses may subject themselves to the legal regime of community property at any time without court approval.
And during the first year after moving into and acquiring a domicile in Louisiana, spouses may enter into a matrimonial agreement without court approval.
Outside those situations, plan to involve a judge if you want to change your regime once you are married.
Full Financial Disclosure in Louisiana
A matrimonial agreement is a contract, and like any contract it can be attacked if one spouse hid the ball. Each person should give the other a clear and honest account of their assets, debts, and income before signing.
When you opt out of community property, you are giving up rights the law would otherwise hand you, and a court is far less likely to second-guess that choice when both spouses signed with full knowledge of what they were trading away.
Listing assets and debts in writing, with each spouse acknowledging the disclosure, is the practical way to protect the agreement later.
What Happens in Louisiana Without a Matrimonial Agreement
If you do not sign a matrimonial agreement, the default applies automatically.
Article 2334 states that the legal regime of community of acquets and gains applies to spouses domiciled in Louisiana, regardless of where they lived when they married or where the wedding took place.
Under this regime, most property either spouse acquires during the marriage through work, skill, or industry is community property, owned half by each spouse. Income, wages, and assets bought with community funds generally fall into the community.
Property you owned before marriage, or that you received by gift or inheritance, usually stays separate. When the marriage ends by divorce or death, the community is split down the middle, half and half.
A matrimonial agreement is how you change that result before it becomes your reality.
Prenup or Postnup in Louisiana?
The terms “prenup” and “postnup” describe timing. A prenup is signed before the wedding, and in Louisiana you can do that freely as long as you meet the authentic act form.
A postnup is signed after the wedding, and here Louisiana parts ways with most states.
Because article 2329 requires court approval by joint petition for most during-marriage changes to a regime, a Louisiana postnup is not simply a matter of the two spouses agreeing and signing.
You generally need a judge to find that the change is in your best interests. If you can sign before the wedding, that path is far simpler.
Common Reasons Louisiana Matrimonial Agreements Fail
Most failures trace back to a handful of avoidable mistakes.
- Not an authentic act. The agreement was signed without a notary and two witnesses, and was not an act under private signature duly acknowledged, so it never met the form article 2331 demands.
- No court approval for a post-marriage change. Spouses tried to modify their regime after the wedding without the joint petition and court finding article 2329 requires.
- No disclosure. One spouse hid assets or debts, giving the other grounds to challenge the agreement.
- Unconscionable or public-policy terms. The agreement tried to reach child support, succession rights, or other matters Louisiana law keeps off the table.
- Last-minute pressure. The document was presented days before the wedding with no time to read or get advice, which undercuts the claim that both spouses signed freely.
How Much Does a Prenup Cost in Louisiana?
Cost depends on the complexity of your finances and how you choose to prepare the documents. The table gives a general range.
| Option | Typical Cost |
|---|---|
| Attorney and notary, standard agreement | 1,500 to 5,000 |
| Complex estates, businesses, or separate counsel | 2,000 to 7,000 per person |
| Online preparation | A few hundred dollars, flat |
Online services such as HelloPrenup let you build a draft for a flat fee that is well below typical attorney rates.
Keep one Louisiana rule in mind: a matrimonial agreement still must be executed as an authentic act before a notary and two witnesses, or as an act under private signature duly acknowledged.
So an online draft is a starting point that you then sign with that formality. It does not skip the notary step.
How to Create a Louisiana Matrimonial Agreement, Step by Step
- Talk it through together. Agree on what you want the regime to be, whether full separation of property or a modified version of community.
- Exchange financial disclosures. List your assets, debts, and income, and have each spouse acknowledge the other’s list in writing.
- Draft the agreement. Prepare the document online or with an attorney, making sure it reflects Louisiana Civil Code requirements rather than a generic out-of-state template.
- Review with separate advice. Each spouse benefits from independent review so no one can later claim they did not understand the deal.
- Sign before a notary with two witnesses. Execute the document as an authentic act, or as an act under private signature duly acknowledged, before your wedding date.
- Keep it safe and timely. Sign well before the wedding to avoid any claim of last-minute pressure, and store the original where you can find it.
Louisiana Prenups: Key Takeaways
A Louisiana matrimonial agreement is a powerful tool, but it only works if you respect the Civil Code. Get the form right with an authentic act, sign before the wedding, disclose your finances, and keep the terms inside the limits the law sets.
Do that, and you decide how your property is classified instead of leaving it to the default community of acquets and gains.
If you are ready to begin, you can prepare your documents online and then complete the signing with the notary formality Louisiana requires.
Sources
- Louisiana Civil Code art. 2325 (matrimonial agreement defined)
- Louisiana Civil Code art. 2329 (court approval for modification during marriage)
- Louisiana Civil Code art. 2330 (limits of contractual freedom)
- Louisiana Civil Code art. 2331 (form of matrimonial agreement)
- Louisiana Civil Code art. 2334 (legal regime of community of acquets and gains)